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| Case Name | A.M. v. Albertsons, LLC. | |
|---|---|---|
| Date | 10/15/2009 | |
| Note | Under the FEHA, the failure to accommodate and the failure to engage in the interactive process in determining a reasonable accommodation for a known physical disability are separate claims. Once a reasonable accommodation has been granted, the employer has a duty to provide that accommodation. Failure to do so, even on a single occasion, can support a cause of action for damages sustained by the failure as this is in line with the intent of the FEHA and the public policies behind the provision. | |
| Citation | A122307 | |
| WCC Citation | WCC 35722009 CA |
A delivery truck was arriving, so Sampson asked A. M. if she could wait. A. M. agreed to do so. She called Sampson on the store intercom to say that she needed to go to the bathroom. When Hollis returned, she reported that Sampson said that she was still busy and that A. M. had to wait. The customer walked her to her car and stayed with her for a while. A. M. was becoming more agitated. The next day, she was withdrawn and depressed, in marked contrast to the positive and joyous person that she usually was.
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